Franchi
SPAS-12 Shotgun

First off, here is the Definition of "destructive
device" from The Gun Control Act of 1968, Public Law 90-618. Make
special note of part (B):

(4) The term "destructive
device" means--

(A) any explosive,
incendiary, or poison gas --

(i) bomb,

(ii) grenade,

(iii) rocket having a propellant
charge of more than four ounces,

(iv) missile having an explosive
or incendiary charge of more thanone-quarter ounce,

(v) mine, or

(vi) device similar to any
of the devices described in thepreceding clauses;

(B)
any type of weapon (other than a shotgun or a shotgun shell whichthe
Secretary finds is generally recognized as particularly suitablefor
sporting
purposes) by whatever name known which will,
or which maybe
readily converted to, expel a projectile by the action of anexplosive
or other propellant, and which has any barrel with a bore ofmore
than one-half inch in diameter; and

(C) any combination of parts
either designed or intended for use inconverting any device into
any destructive device described insubparagraph (A) or (B)
and from which a destructive device may bereadily assembled.

Note that if something is a destructive device
it becomes just like a machine gun in that transferring it requires paperwork,
fingerprints, Police signatures, $200 transfer fees, and a 6+ month wait.

So, any gun with a caliber greater than
0.50" is basically illegal in the USA "other
than a shotgun or a shotgun shell which the Secretary finds is generally
recognized as particularly suitable for sporting
purposes." Yes, each and
every model of shotgun in the US is legal only because the BATF has given
that model an exemption. You can find the list at the BATF
web site.

The story I am told is F.I.E., trying to
help its approval, called it a Sporting Purpose
Automatic Shotgun during its US approval process. This must
have helped a bit -- they can't be imported anymore, but at least the ones
in the USA weren't reclassified as Destructive Devices.

One interesting note here -- much of the
Gun Control Act of 1968 is based on the Nazi Weapons Law of 1938.
Former Senator Dodd was one of the main authors of the GCA of 1968.
He was also was a senior member of the U.S. team that helped to prosecute
Nazi war criminals at Nuremberg, Germany in 1945-46. He managed to
come up with an original copy of this law (it is a rare and hard
to find document) and fourth months before the GCA of 1968 was passed he
asked The Library of Congress translator to make an English translation
for him. You can compare the translation to the GCA of 1968 and see
it is the primary source.
This is where the "test" or qualification of a firearm be suitable for
sporting purposes comes from. So the SPAS really has the Nazi's as
the original creators of the name.

The makers of the Street
Sweeper shotgun might have learned a lot from this, that such a
name is just asking for trouble -- "What sports do you do on a street
with the gun?" If you're interested, this is what happened to them.
Note at the end this is retroactive -- if you had one you either
had to register it or surrender it:

Also note that if you did register it,
they waived the $200 fee, and also didn't make you get your local law enforcement
officer to sign the application. I think the theory was the transfer
was a done deal, they just wanted to register them.

ATF Rul. 94-2

The Bureau of Alcohol, Tobacco
and Firearms (ATF) has examined a firearmidentified as the Striker-12/Streetsweeper
shotgun to determine whether it is adestructive device as that
term is used in the National Firearms Act (NFA), 26U.S.C. Chapter 53.

The Striker-12 and Streetsweeper
shotguns are virtually identical 12-gaugeshotguns with a spring-driven
revolving magazine. The magazine has a12-round capacity. The shotgun
has a fixed stock or folding shoulder stock andmay be fired with the folding
stock collapsed. The shotgun with an 18-inchbarrel is 37 inches in length
with the stock extended, and 26.5 inches in lengthwith the stock folded. The
shotgun is 5.7 inches in width and weighs 9.24pounds unloaded. The Striker/Streetsweeper
has two pistol grips, one in thecenter of the firearm below
the buttstock, and one on the forearm. TheStriker/Streetsweeper was
designed and developed in South Africa as amilitary, security, and
anti-terrorist weapon. Various types of 12-gaugecartridges can be fired
from the shotgun, and a rapid indexing procedure allowsvarious types of ammunition
to be loaded into the cylinder and selected forfiring. All 12 rounds can
be fired from the shotgun in 3 seconds or less.

Section 5845(f), Title 26,
U.S.C., classifies certain weapons as "destructivedevices" which are subject
to the registration and tax provisions of the NFA.Section 5845(f)(2) provides
as follows:

(f) Destructive device.--The
term "destructive device" means * * *

(2) any type of weapon by
whatever name known which will, or which may be

readily converted to, expel
a projectile by the action of an explosive or

other propellant, the barrel
or barrels of which have a bore of more thanone-half inch in diameter,
except a shotgun or shotgun shell which the

Secretary or his delegate
finds is generally recognized as particularly

suitable for sporting purposes;
..."

A "sporting purposes" test
which is almost identical to that in section 5845(f)(2)appears in 18 U.S.C. §
925(d)(3). This provision of the Gun Control Act of 1968(GCA) provides that the
Secretary shall authorize a firearm to be imported intothe United States if the
firearm is "generally recognized as particularly suitablefor or readily adaptable
to sporting purposes." With the exception of the readilyadaptable' language, this
provision is identical to the sporting shotgunexception to the destructive
devices definition. The definition of "destructivedevice" in the GCA (18 U.S.C.
§ 921(a)(4)) is identical to that in the NFA.

In determining whether shotguns
with a bore of more than one-half inch indiameter are "generally
recognized as particularly suitable for sportingpurposes" and thus are not
destructive devices under the NFA, we believe it isappropriate to use the same
criteria used for evaluating shotguns under the"sporting purposes" test
of section 925(d)(3). Congress used virtually identicallanguage in describing the
weapons subject to the two statutory schemes, andthe language was added to
the GCA and NFA at the same time.

In 1984, ATF ruled that the
Striker-12 was not eligible for importation undersection 925(d)(3) since
it is not particularly suitable for sporting purposes. Inmaking this determination,
the 1984 letter-ruling notes that the Striker was beingused in a number of "combat"
shooting events. In a letter dated June 30, 1986,ATF again denied importation
to the Striker-12, on the basis that it did not meetthe "sporting purposes"
test of section 925(d)(3). This letter states that, "Webelieve the weapon to have
been specifically designed for military and lawenforcement uses."

In evaluating the physical
characteristics of the Striker 12/Streetsweeper, ATFconcludes that the weight,
bulk, designed magazine capacity, configuration,and other features indicate
that it was designed primarily for military and lawenforcement use and is not
particularly suitable for sporting purposes.

The weight of the Striker-12/Streetsweeper,
9.24 pounds unloaded, is on thehigh end for traditional
12-gauge sporting shotguns, which generally weighbetween 7 and 10 pounds.
Thus, the weight of the Striker-12/Streetsweepermakes it awkward to carry
for extended periods, as in hunting, andcumbersome to fire at multiple
small moving targets, as in skeet and trapshooting. The width of the
Striker-12/Streetsweeper, 5.7 inches, far exceeds thatof traditional sporting
shotguns, which do not exceed three inches in width orfour inches in depth. The
large size and bulk of the Striker-12/Streetsweepermake it extremely difficult
to maneuver quickly enough to engage movingtargets as is necessary
in hunting, skeet, and trap shooting. The spring drivenrevolving magazine with
12-cartridge capacity is a much larger capacity thantraditional repeating sporting
shotguns, which generally contain tubularmagazines with a capacity
of 3-5 cartridges. The folding shoulder stock and thetwo pistol grips are not
typical of sporting-type shotguns. Finally, the overallappearance and general shape
of the weapon are radically different fromtraditional sporting shotguns
and strikingly similar to shotguns designedspecifically for or modified
for combat and law enforcement use.

Section 7805(b), Title 26,
U.S.C., provides that the Secretary may prescribe theextent, if any, to which
any ruling relating to the internal revenue laws shall beapplied without retroactive
effect. Accordingly, all rulings issued under theInternal Revenue Code are
applied retroactively unless they specifically provideotherwise. Pursuant to section
7805(b), the Director, as the delegate of theSecretary, may prescribe
the extent to which any ruling will apply withoutretroactive effect.

Held: The Striker-12/Streetsweeper
is a shotgun with a bore of more thanone-half inch in diameter
which is not particularly suitable for sportingpurposes. The weight, size,
bulk, designed magazine capacity, configuration,and other factors indicate
that the Striker-12/Streetsweeper is a military-typeshotgun, as opposed to a
shotgun particularly suitable for sporting purposes.Accordingly, the Striker-12/Streetsweeper
is a destructive device as that term isused in 26 U.S.C. §
5845(f)(2). Pursuant to section 7805(b), this ruling is appliedprospectively effective
March 1, 1994, with respect to the making, transfer, andspecial (occupational) taxes
imposed by the NFA. All other provisions of theNFA apply retroactively
effective March 1, 1994.